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Bond Under Section 2105 (d) of The New York State Vehicle And Traffic Law

State:
New York
Control #:
NY-MV-994
Format:
PDF
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Description

Bond Under Section 2105 (d) of The New York State Vehicle And Traffic Law

Bond Under Section 2105 (d) of The New York State Vehicle And Traffic Law is a surety bond that is required for certain motor vehicle related activities. This bond is also known as a Motor Vehicle Dealer Bond or an Auto Dealer Bond. This bond guarantees that auto dealers will comply with all the regulations of the New York State Department of Motor Vehicles and that they will not commit any fraudulent or dishonest acts. The bond also ensures that any claims made against the auto dealer will be valid and the dealer will have the financial capacity to pay any damages or losses suffered by the claimant. The bond amount required varies depending on the type of dealership and the number of vehicles sold in a year. There are two different types of Bond Under Section 2105 (d) of The New York State Vehicle And Traffic Law: 1. New Vehicle Dealer Bond: This type of bond is required for dealers who sell new motor vehicles. The minimum bond amount is $50,000. 2. Used Vehicle Dealer Bond: This type of bond is required for dealers who sell used motor vehicles. The minimum bond amount is $10,000.

Key Concepts & Definitions

A bond under section 2105 d of the New York State refers to the surety bond required for individuals or entities looking to issue a new, duplicate, or corrected certificate of title for a motor vehicle. This bond is crucial in the state of New York to ensure that the vehicle's ownership rights are clearly established and to protect against fraudulent claims and transactions.

Step-by-Step Guide

  1. Determine the Necessity: Verify if a bond under section 2105 d is necessary by consulting the New York State Department of Motor Vehicles (DMV) or a legal expert specialized in motor vehicle regulations.
  2. Obtain the Bond: Contact a licensed surety company like Surety One to issue a surety bond. The bond amount is typically based on the value of the motor vehicle.
  3. Complete the Application: Fill out the required forms for a new, duplicate, or corrected certificate of title. Include the surety bond as part of your application package.
  4. Submit to the DMV: Submit your application along with the surety bond and any other required documents to the New York DMV.
  5. Receive Your Title: Once processed, the DMV will issue the certificate of title for your vehicle, validated by the bond under section 2105 d.

Risk Analysis

Obtaining a bond under section 2105 d carries several risks:

  • Financial Risk: If the information provided is inaccurate, claimants could come forward, causing potential financial losses covered by the surety bond.
  • Legal Risk: Non-compliance with the specific terms of the bond or vehicle title laws in New York could lead to legal repercussions.
  • Processing Delays: Failure to properly complete the application or provide necessary documentation can result in delays in receiving the vehicle's certificate of title.

Best Practices

  • Accurate Information: Ensure all information provided during the application process is accurate to prevent potential claims against the bond.
  • Choose Reputable Surety: Partner with a reputable surety company experienced in motor vehicle bonds to ensure compliance and support throughout the process.
  • Keep Records: Maintain detailed records and copies of all documents related to the bond and title certificate to handle any disputes or claims effectively.

Common Mistakes & How to Avoid Them

  • Underestimating Bond Costs: Research thoroughly or consult with a surety agent to understand all costs involved in obtaining a title bond.
  • Ignoring Legal Advice: Consult with a legal expert familiar with New York vehicle traffic and ownership laws to avoid non-compliance.
  • Delaying Application Submission: Prepare and submit all required documents promptly to avoid delays in processing your certificate of title.

FAQ

  • What is the purpose of a bond under section 2105 d of the New York State? The bond ensures that the person obtaining the new or corrected title is the rightful owner of the vehicle and protects against any future disputes over vehicle ownership.
  • How much does this bond cost? The cost varies based on the vehicle value and the specific requirements set by the surety company.
  • Where can I purchase a bond under section 2105 d? Bonds can be purchased from licensed surety companies like Surety One specialized in motor vehicle bonds.

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FAQ

The owner and the settlor must complete Statement of Transaction- Sale or Gift of Motor Vehicle, Trailer, All-Terrain Vehicle (ATV), Vessel (Boat), or Snowmobile (PDF) (at NY State Department of Tax and Finance) (DTF-802). If the owner and the settlor are the same person, complete Part II of form DTF-802 for a gift.

Under most circumstances, when you first register and title a vehicle that you bought in New York State, you must provide DMV either a title or transferable registration signed over to you as proof of ownership.

The new owner must give the original bill of sale to the DMV with the other required proofs of ownership. A bill of sale is not an acceptable proof of ownership without other proofs.

Yes, they can. If the registration and title show two different names, the owner (the name on the title certificate) must authorize the other person to register the vehicle by completing box 3 on the Vehicle Registration/Title Application (PDF) (MV-82) form.

Use the form Vehicle Registration/Title Application (PDF) (MV-82), available at any motor vehicle office, by request from a DMV Call Center or by download from the DMV internet site. You must pay the registration and license plate fees, any appropriate sales tax, and the fee for a title certificate $50.00.

Non-titled vehicles The DMV must verify that the vehicle was registered to the current owner. The current owner must provide proof of identity (see proofs of identity). There is a fee $10 for form MV-353. The current owner can use form MV-353 and a bill of sale.

You will not get your new title at the DMV All title certificates are printed in a secure facility in Albany and are mailed to the owner. For this reason, the fastest and easiest way to apply for a replacement title is to do it online.

It shall be unlawful for any person, firm or corporation to replace glass in doors, windows, or windshields of motor vehicles unless such replacement be made with safety glass.

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Bond Under Section 2105 (d) of The New York State Vehicle And Traffic Law